Cremations Act 2003

This Act may be cited as the Cremations Act 2003.

This Act commences on the day that the Coroners Act 2003 commences.

The dictionary in the schedule defines particular words used in this Act.

This Act does not apply to the cremation of—

human remains that have been buried for 1 year or more; or

parts of a human body—

taken during a medical procedure or autopsy; or

used at a school of anatomy for the study and practice of anatomy; or

Aboriginal human remains as defined in the Aboriginal Cultural Heritage Act 2003 or Torres Strait Islander human remains as defined in the Torres Strait Islander Cultural Heritage Act 2003.

In this section—

school of anatomy see the Transplantation and Anatomy Act 1979, section 4.

A person must not cremate human remains unless the person has a permission to cremate the remains, in the approved form, that was issued by—

if an autopsy of the remains was conducted under the Coroners Act 1958 or Coroners Act 2003—the coroner who ordered the autopsy or, if that coroner is unavailable, another coroner; or

otherwise—an independent doctor.

Maximum penalty—140 penalty units.

This section applies if an interstate coroner for another State gives permission, under a law of that State, to cremate human remains.

A person who cremates the human remains in Queensland under the permission does not commit an offence against section 5 if a doctor has—

examined the remains and made any necessary inquiries; and

issued a certificate that the doctor is satisfied the remains do not pose a cremation risk.

In this section—

interstate coroner, for another State, means a person who may exercise the functions of a coroner under a law of that State.

The following persons may apply for a permission to cremate the human remains of a deceased person—

a close relative of the deceased person, either personally or through an agent;Example of an agent—

a funeral director

a personal representative of the deceased person, either personally or through an agent;Note—

Under the Acts Interpretation Act 1954, schedule 1, a personal representative of a deceased person is the executor or administrator of the deceased person’s estate.

if no-one mentioned in paragraph (a) or (b) applies for a permission to cremate—another adult, either personally or through an agent, who has a satisfactory explanation as to why those persons did not apply and why the adult is applying.

The application must be made in the approved form.

The way that an application may be sent to the coroner or independent doctor includes by fax or other electronic means.

If the application is made to an independent doctor, the application must be accompanied by—

a copy of the cause of death certificate, and unless subsection (5) applies, a cremation risk certificate, issued for the deceased person; or

a certificate that—

authorises the release of the body; and

is given by a person who appears to the independent doctor, after appropriate inquiry, to be a coroner, or to hold a position equivalent to a coroner, at the place where the death happened.

For subsection (4)(a), the application need not be accompanied by a cremation risk certificate if—

the cause of death certificate is not a Queensland cause of death certificate; and

a cremation risk certificate has not been issued for the deceased person.

A coroner may issue a permission to cremate, in the approved form, only if—

the coroner or another coroner has authorised the release of the body; and

the coroner receives confirmation from the doctor who performed the autopsy that the doctor is reasonably satisfied the human remains do not pose a cremation risk.

Human remains pose a cremation risk if the remains contain something that, if cremated, might expose someone to the risk of death, injury or illness.Example of something that might expose someone to risk of death, injury or illness—

a cardiac pacemaker or radioactive implant

An independent doctor may issue a permission to cremate, in the approved form, only if the doctor, after examining the human remains and making any necessary inquiries, is reasonably satisfied—

the human remains do not pose a cremation risk; and

the deceased person’s death is not a reportable death under the Coroners Act 2003.

Maximum penalty—80 penalty units.

The way that a permission to cremate may be sent to the applicant, or a person nominated by the applicant on the application, includes by fax or other electronic means.

This section applies if a deceased person’s personal representative—

is arranging for the disposal of the deceased person’s human remains; and

knows that the deceased person has left signed instructions for his or her human remains to be cremated.

The deceased person’s personal representative must ensure that—

an application for permission to cremate is made; and

if the permission to cremate is issued, the deceased person is cremated in accordance with the signed instructions.

This section overrides the common law to the extent that it—

allows a person to direct the person’s personal representative to cremate the person’s human remains; and

qualifies a personal representative’s right to decide how to dispose of the deceased person’s human remains.

This section does not apply if the deceased person has left signed instructions that his or her human remains be cremated.

A coroner or independent doctor must not issue a permission to cremate if the coroner or independent doctor is aware that any of the following persons object to the cremation—

a spouse, adult child or parent of the deceased person;

a personal representative of the deceased person.

The person in charge of a crematorium must not allow a deceased person’s human remains to be cremated at the crematorium if the person in charge is aware that any of the following persons object to the cremation—

a spouse, adult child or parent of the deceased person;

a personal representative of the deceased person.

Maximum penalty—100 penalty units.

Subsection (3) applies even if the person in charge has received a permission to cremate.

This section overrides the common law to the extent that it qualifies a personal representative’s right to decide how to dispose of the deceased person’s human remains.

This section applies if a coroner or independent doctor reasonably suspects that the coroner or independent doctor, or the coroner’s or independent doctor’s spouse, may receive a benefit because of a person’s death.

The coroner or independent doctor must not issue a permission to cremate the person’s human remains.Maximum penalty—120 penalty units.

In this section—

benefit—

includes—

a payment under a life insurance policy; and

property under a will; and

property under an intestate distribution; but

does not include fees payable for professional services.

The Attorney-General or a coroner may give the person in charge of a crematorium a written notice prohibiting the cremation of a deceased person’s human remains.

The notice may prohibit the cremation—

absolutely; or

until any stated organs or other tissue have been removed from the remains and stored in the way stated in the notice.

The person in charge must comply with the notice unless the person has a reasonable excuse.Maximum penalty for subsection (3)—140 penalty units.

After a cremation, the person in charge of a crematorium—

must label the ashes in accordance with the requirements prescribed under a regulation; and

must not dispose of the ashes except in accordance with any reasonable written instructions of the applicant.

Maximum penalty—80 penalty units.

However, the person in charge may bury the ashes in a burial ground if, within 1 year after the cremation, the applicant does not give reasonable written instructions for the disposal of the ashes.

Before burying the ashes, the person in charge must give the applicant at least 28 days written notice of intention to bury the ashes.Maximum penalty—80 penalty units.

The notice must be sent to the applicant at the applicant’s address for service on the permission to cremate.

This section overrides the common law to the extent that it qualifies the personal representative’s right to decide how to dispose of the deceased person’s human remains.